Can a prosecutor handle matters in a court where his spouse serves as judge, and what steps avoid a conflict?

Plain-English summary

A prosecuting attorney asked about potential conflicts of interest between himself and his wife, who was seeking appointment as a district court judge. The committee was of the opinion that, as set out in the inquiry, the steps the prosecutor proposed to take would be appropriate. The prosecutor's district court practice involved only approval of search warrants, and he proposed that his wife not review any search warrants he had approved or reviewed.

The committee understood that there would be no attempt to unduly influence the judge in matters involving the prosecuting attorney's office. The committee specifically noted that it did not consider any implications of the Code of Judicial Conduct on this issue.

Currency note

This opinion was issued in 1992, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a prosecutor practice in a court where his spouse is a judge?

A: The committee was of the opinion that the steps the prosecutor proposed would be appropriate, given that his practice involved only search-warrant approvals and his spouse would not review warrants he had approved.

Q: What steps did the prosecutor propose?

A: That his wife would not review any search warrants he had approved or reviewed, and that there would be no attempt to unduly influence the judge in matters involving the prosecuting attorney's office.

Q: Did the committee address the Code of Judicial Conduct?

A: No. The committee specifically noted that it did not consider any implications of the Code of Judicial Conduct on this issue.

Background and rules framework

The committee analyzed the marital relationship between the prosecutor and the prospective judge as a potential conflict of interest, focusing on the narrow scope of the prosecutor's court practice (search-warrant approvals) and the screening step of the spouse not reviewing his warrants. It expressly limited its analysis to the lawyer-conduct side and declined to address the Code of Judicial Conduct.

Citations and references

The committee identified no specific Rule of Professional Conduct in its written conclusion and expressly did not address the Code of Judicial Conduct.

See also

• WA Ethics Op. 1449: Lawyer's Spouse Represents the Opposing Party
• WA Ethics Op. 1459: Conflicts in Multiple Public Roles

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=574

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1494
Year Issued: 1992
RPC(s):
Subject: Conflict of interest; prosecutor married to judge

The Committee reviewed your inquiry regarding potential conflicts of interest between yourself as a prosecuting attorney and your wife, who is seeking a district court judge appointment. The Committee was of the opinion that as set out in your inquiry, the steps you propose to take would be appropriate. [The inquiring lawyer's district court practice involved only approval of search warrants. He proposed that his wife not review any search warrants he had approved or reviewed.] The Committee understood that there would be no attempt to unduly influence the judge in matters involving the prosecuting attorney's office. The Committee specifically noted that it did not consider any implications of the Code of Judicial Conduct on this issue.